Abadi v. Apple, Inc.

Background

Aaron Abadi, who is representing himself, sued Apple, Inc. He alleges discrimination based on disability under the Americans with Disabilities Act, the Rehabilitation Act, and federal statutes concerning conspiracies to interfere with civil rights and failure to prevent such interference. The court had granted Abadi permission to proceed without prepaying court fees.

Service of the lawsuit

A plaintiff who is allowed to proceed without prepaying fees may rely on the court and the U.S. Marshals Service to serve the defendant. The court therefore directed the Clerk of Court to complete the U.S. Marshals Service process forms for Apple, issue a summons, and provide the Marshals Service with the documents needed to serve Apple.

The court explained that the usual 90-day service period could not begin when Abadi filed the complaint because he could not serve the summons and complaint until the court reviewed the filing and ordered the summons issued. The court extended the service deadline to 90 days after the summons is issued. If service is not completed within that period, Abadi should request an extension. The court also stated that Abadi must notify the court in writing if his address changes and that the case may be dismissed if he fails to do so.

Disposition

Judge Gardephe instructed the Clerk to issue the summons, complete the service forms with Apple’s address, deliver the necessary documents to the Marshals Service, and mail Abadi an information package. The court certified that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. This order addressed service and appeal-fee status; it did not decide whether Abadi’s disability-discrimination allegations were legally or factually valid.